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U.S. v. MUNGRO

No. 13-4503.

754 F.3d 267 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Harvey Lee MUNGRO, Jr., a/k/a Harvey Lee Mungro, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Kevin Tate , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.

DUNCAN, Circuit Judge:

Harvey Lee Mungro brings this appeal challenging his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district court concluded that Mungro was subject to a mandatory minimum sentence of 15 years' imprisonment under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), due to Mungro's three prior state convictions for "breaking or entering" in violation of N.C. Gen.Stat. § 14-54...

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